@ElectricSkeptic: "Hi,
I'm a writer and a sub-plot in something I'm writing at the moment
involves a U.S. man being arrested, charged with and tried for first
degree murder.
Being an Australian and not legally-qualified, my knowledge of U.S.
legal procedures is limited to what I've gleaned from TV. So I'm aware
of the idea of the arraignment, bail hearing, grand jury, and so
forth. However, I'm going to need to be a bit more precise in my
handling of how the procedure goes.
What I need to know is along the lines of what the order of the
various things (grand jury, arraignment, bail hearing, trial, etc.,)
is and what the time periods between them is likely to be, along with
any other pertinent information (for example, situations in which
(hypothetically) a grand jury mightn't be needed, at what point is a
defense attorney assigned - do they represent him at the grand jury,
if convened?, and so forth).
Does anyone know of a website which might give me this sort of
information? Or is anyone prepared to help me out in this thread?
Thanks anyone who can help at all :)
Chris"
    @foad: ""Chris" <email_address> wrote in message 
news:<email_address>
<quote>
I'd be happy you help you out. All that crap sounds pretty boring. Nobody 
wants to read about it, and if you put it in your book your book will suck 
ass. Oh sure, your book will probably suck ass anyway, most books suck ass 
and most writers should have their fingers broken for perpetrating artistic 
abominations, but just in case you are the one out of ten thousand writer 
wannabes who doesn't suck ass you should jettison the legal procedure and 
mumbo jumbo and move right onto important narrative engines such as 
character development and graphic oral sex scenes. Also, remember: no 
flashbacks, flashbacks suck ass, no interior monologue, interior monologues 
suck ass, and whatever you do don't write in dialect, that sucks fucking 
ass. Now get back in there and start typing damnit, I want a first chapter 
on my desk by next Thursday."
    @spamtrap: "<quote>
At least part of what you want will vary by state, so you need to 
determine which state your story takes place before you can determine 
the procedure.
Normally there is either a grand jury or an arraignment, but not both.  
Each is to determine if there is probable cause to hold the accused for 
trial.
Have you thought of having the story take place in Australia?  Normal 
advice to writers is, write what you know.
Stu"
    @a: "Chris <email_address> wrote in 
news:<email_address>:
<quote>
You've got yourself a literary problem of versimilitude.  What crime are 
you writing about?  Is it a federal crime, say the murder of a federal 
official in the performance of his duty?  Or will it fall under the 51+ 
non-federal jurisdictions, all of which differ?  The feds are required to 
bring an indictment by grand jury; the states are not.  States rules are 
superseded by Supreme Court rulings on such matters as provision of 
counsel.
Everyone has the right to counsel the moment they are in custody and 
questioned; everyone has the right to hear the charges against him, 
usually within 24 hours or the next court session.  In busy jurisdictions 
like NYC, there are night courts.  Defendants usually have the right to 
hear the complete indictment read out to them; they usually waive this 
right.  Why bother?  The lawyer will get the particulars in writing 
anyway.
In my state, a judge must hold a hearing to decide bail.  This little 
fact illustrates your problem.  It sounds like this is an important and 
deliberated part of the process, but in fact, it's pretty much automatic, 
it just annoys the judges, and they pride themselves on how many of these 
hearings they can hold in an hour.
Four states don't allow bail bondsmen.  If you're a stickler, don't have 
one show up in your story in my state.
To get an overview, check out
    	<url>
If your story turns on the legal procedures  for either plot elements 
or for color  then all the study in the world isn't going to help you.  
The way the machinery of justice actually operates has been worked out by 
the participants.  They're not free to ignore the rules, but the look and 
feel of the procedures cannot be deduced from the rule book.
If you're writing from down under, then you can't see for yourself.  If 
you're free to travel, then know that most court procedures (but not 
grand jury deliberations) are open to the public.  Just walk in.  I have.
If you want your story to be "right," you'll need to discuss it with a 
practicing criminal attorney or two.  Their insights and experiences will 
be necessary to get "it" right."
    @mjacobslaw: "[Australian novelist is writing a story involving a USA murder trial]
<quote>
These matters vary considerably from state to state.   What IMO you
really need to do is find one or more "legal consultants" for your
book in the state where the action takes place, and then milk those
persons for the info you need (and of course, give effusive credit to
them in your book's introduction).
In some jurisdictions a criminal complaint for a felony such as murder
can be issued on an "information" (the result of a police
investigation) and does not require an "indictment" (the result of a
grand jury hearing).
Whenever the suspect wants to get one, if he can afford it, including
before he is even a suspect.
If you're talking about a state-assigned attorney for an indigent
defendant, he also can get one of those as soon as he asks for one, at
any time after his arrest (as noted, of course, in the famous
"Miranda" warnings).
The defendant is not going to be called to testify at a grand jury.
He has a 5th amendment right not to testify against himself.   The
people who get called to testify at the grand jury are not "suspects",
but "witnesses", i.e. those who have any kind of information that
_might_ be used to determine whether the state has shown sufficient
probable cause to prove that (a) a crime has been committed, (b) which
criminal offense should be charged on those facts, and (c) against
whom the charges should be brought.
AFAIK in most jurisdictions there is no right to have defense consel
present at a grand jury hearing, which is held in a sealed chamber and
not open to the public.  Only the prosecutor and the witness who is
testifying are there at any one time (along with the grand jury
itself, of course).
The official website of the state court system in question may have a
FAQ that could help you
I'm sure you'll get more useful responses if you tell us more about
the exact situation (without revealing any whodunit details, etc.) but
if suspense is an issue, you're better off getting a private (and
confidential) consultant than fishing for ideas on a public forum.
Good luck,
This posting is for discussion purposes, not professional advice.
Anything you post on this Newsgroup is public information.
I am not your lawyer, and you are not my client in any specific legal
matter.
For confidential professional advice, consult your own lawyer in a
private communication.
Mike Jacobs
LAW OFFICE OF W. MICHAEL JACOBS
10440 Little Patuxent Pkwy #300
Columbia, MD 21044
(tel) (737)871-7289      (fax) (737)871-7289"
    @xx: "On Tue, 22 May 2007 08:29:54 -0400, Chris <email_address>
wrote:
<quote>
First decide whether the person is being charged with a federal crime,
in which case federal criminal procedure would be used, or a state
crime.  If it's a state crime, decide which state and follow that
state's criminal procedure."
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